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CA Essay > Torts > Flashcards

Torts Flashcards

1
Q

Battery

A
  • Intentional infliction
  • harmful/offensive contact
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1
Q

Intentional Torts

A

battery
assault
IIED
false imprisonment
trespass to land
trespass to chattels
conversion

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2
Q

Assault

A
  • Intentional
  • causing apprehension of
  • imminent
  • harmful/offensive contact
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3
Q

IIED

A
  • intentional/reckless infliction by
  • extreme and outrageous conduct, causing
  • severe emotional distress
  • third-party liability
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4
Q

False imprisonment

A
  • intentional
  • confinement/restraint
  • bounded area
  • no reasonable means of escape
  • P aware or harmed
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5
Q

Trespass to land

A
  • intentional
  • physical invasion of
  • real property of another
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6
Q

Trespass to chattels

A
  • intentional
  • interference with
  • P’s use or possession
  • in a chattel
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7
Q

Conversion

A
  • trespass to chattels and
  • substantial interference
  • D pays full value
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8
Q

Intentional Torts Defenses

A
  • Consent
  • Self-defense
  • Defense of others
  • Defense of property
  • Recapture chattels
  • Shopkeeper’s privilege
  • Arrest
  • Necessity
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9
Q

Consent

A
  • Express
  • Implied
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10
Q

Self-defense

A

Reasonable force

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11
Q

Defense of others

A
  • Reasonable belief the other person could defense
  • reasonable force
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12
Q

Defense of property

A
  • reasonable force to
  • prevent property tort
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13
Q

Recapture chattels

A
  • fresh pursuit
  • reasonable force
  • wrongful taking
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14
Q

Shopkeeper’s privilege

A
  • Temporarily detain
  • Reasonable belief stolen
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15
Q

Arrest

A
  • D restrains P by
  • exercising legal rights
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16
Q

Necessity

A
  • reasonably necessary
  • to prevent greater harm
  • Public: no damages
  • Private: pay for damage
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17
Q

Negligence

A
  • Duty of care
  • Breach
  • Causation
  • Damages
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18
Q

Duty of care

A

to whom the duty is owed:

  • Foreseeable plaintiffs only (Cardozo)
  • Everyone (Andrews)

General standard - “Reasonable person”

Special standards
- no affirmative duty to act unless 1) special relationship; 2) caused danger; 3) volunteer assistance.

  • professional
  • children
  • bailment
  • special landowner standard
  • negligence per se
19
Q

Breach

A
  • Failure to meet the standard of care
  • res ipsa loquitur
20
Q

Actual cause

A
  • But-for test
  • alternative causes (only one at fault)
  • substantial factor (joint tortfeasors)
21
Q

Proximate cause

A

Reasonable foreseeability
eggshells plaintiff
intervening causes

22
Q

Damages

A
  • actual injury required
  • duty to mitigate
23
Q

NIED

A

P physical injury
P zone of danger

24
Q

Defenses

A
  • contributory negligence
  • comparative negligence
  • assumption of risk
25
Q

Strict liability

A
  • animals- wild animal / domestic if known propensity
  • dangerous activities - 1) high risk of serious harm; 2) cannot eliminate risk with reasonable care; 3) not common in the area; 4) balancing between the danger and the benefit of the activity
26
Q

Nuisance

A
  • Private nuisance: 1) substantial, unreasonable interference with 2) use and enjoyment of property
  • Public nuisance: 1) substantial, unreasonable interference with; 2) health, safety, property rights of community; 3) private party can recover with different damages/special harm
27
Q

Product liability theories

A
  • strict liability
  • negligence
  • warranties
  • misrepresentation
  • intentional
28
Q

Fraud/misrepresentation elements

A
  • misrepresentation of fact
  • scienter (knowing/reckless)
  • intent to induce reliance
  • causation
  • justifiable reliance
  • pecuniary damages
28
Q

Negligent misrepresentation

A
  • Same as fraud/intentional misrepresentation
  • D acted in business or professional capacity; and
  • D acted with no reasonable grounds
29
Q

Defenses to nuisance

A
  • Legislation
  • Assumption of risk/comparative negligence
  • Coming to nuisance
30
Q

Defamation

A

Common Law
- Defamatory statement
- of or concerning P
- Publication to 3rd party and understand
- causation
- damages: presumed damages for libel; must prove special damages for slander.

Constitutional requirements apply for statements of public concern:
- fault in publication by D must be made by malice for public figure P; negligence for private figure P.

31
Q

Defamation defenses

A

consent
truth
privilege - absolute/qualified

32
Q

misappropriation

A
  • P’s name or picture
  • unauthorized use for
  • D’s commercial advantage
32
Q

Privacy rights

A
  • misappropriation
  • intrusion on P’s solitude
  • false light
  • publicity of private life
33
Q

Intrusion upon seclusion

A
  • Intrusion of private affairs
  • reasonable expectation of privacy
  • highly objectionable
34
Q

False light

A
  • public placement
  • in false light
  • highly objectionable to reasonable person
35
Q

Publicity of private life

A
  • publicized details of
  • private life
  • highly objectionable to reasonable person
36
Q

Malicious prosecution

A
  • legal proceedings
  • end in P’s favor
  • no probable cause
  • improper purpose
  • damages
37
Q

Abuse of process

A
  • Wrongful use/process
  • ulterior purpose
  • willful act/wrongful manner
38
Q

Interference with business relations

A
  • Contract or business expectancy
  • D’s knowledge
  • Intentional interference
  • damages

Defense: fair competition

39
Q

Vicarious liability

A
  • scope of employment
  • employee vs. independent contractor
40
Q

Multiple defendants

A
  • joint and several liability
  • contribution
  • indemnity
41
Q

Survival rights

A

COA survives death

42
Q

Wrongful death

A

next of kin can recover

43
Q

Tortious interference with family relationships

A

loss of consortium or services for spouse or child

CA Essay (12 decks)

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